82 FR 28274 - Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 118 (June 21, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 118 (June 21, 2017)
| Page Range | 28274-28277 | |
| FR Document | 2017-12630 |
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)] [Proposed Rules] [Pages 28274-28277] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12630] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9386; Directorate Identifier 2016-NM-056-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. ----------------------------------------------------------------------- SUMMARY: We are revising an earlier proposal for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes; and Model C-295 airplanes. This action revises the notice of proposed rulemaking (NPRM) by reducing a certain compliance time, adding repetitive inspections and operational checks of the affected fuel valves, and providing corrective action if necessary. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions impose an additional burden over those proposed in the NPRM we are reopening the comment period to allow the public the chance to comment on these changes. DATES: The comment period for the NPRM published in the Federal Register on November 25, 2016 (81 FR 85169), is reopened. We must receive comments on this SNPRM by August 7, 2017. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this SNPRM, contact Airbus Defense and Space Services/Engineering Support, Avenida de Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 31 27; email [email protected].; Internet http://www.eads.net. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016- 9386; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1112; fax 425-227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9386; Directorate Identifier 2016-NM-056-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We issued an NPRM to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Defense and Space S.A. Model CN-235, CN 235- 100, CN-235-200, and CN-235-300 airplanes, and Model C-295 airplanes. The NPRM published in the Federal Register on November 25, 2016 (81 FR 85169). The NPRM was prompted by leakage of a motorized cross-feed fuel valve. The NPRM proposed to require an inspection of the affected fuel valves and, depending on findings, applicable corrective actions. Actions Since the NPRM Was Issued Since we issued the NPRM, an additional report of a fuel leak in a motorized cross-feed valve has resulted in the need for a change to the compliance time for the initial inspection, the addition of repetitive inspections and operational checks, and corrective action if necessary. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued AD 2017- 0004, dated January 9, 2017, (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition on all Airbus Defense and Space S.A. Model CN-235, CN- 235-100, CN-235-200, and CN-235-300 airplanes; and Model C-295 airplanes. The MCAI states: Leakage of a motorised cross-feed fuel valve Part Number (P/N) 7923227F was reported on a CN-235-100M aeroplane. The leakage was observed through the valve electrical connectors and detected during accomplishment of a functional check in accordance with task 28.007 of the CN-235 Maintenance Review Board Report (MRB CN-235-PV01). Identical motorised fuel valves are installed on civilian CN-235 and C-295 aeroplanes, as cross-feed, shut-off and defueling valves. This condition, if not detected and corrected, could lead to failure of a motorised fuel valve and consequent improper functioning of the fuel system or, in case of [[Page 28275]] an ignition source, could lead to a fire, possibly resulting in damage to the aeroplane and injury to occupants. To address this potentially unsafe condition, Airbus Defence & Space (D&S) issued Alert Operators Transmission (AOT)-CN235-28-0001 and AOT-C295-28-0001 to provide inspection instructions. Consequently, EASA issued AD 2016-0071 to require a one-time inspection of the affected motorised fuel valves and, depending on findings, accomplishment of applicable corrective action(s). Since that [EASA] AD was issued, new occurrences of fuel leakage involving the affected motorised fuel valves were reported and Airbus D&S issued Revision 1 of AOT-CN235-28-0001 and Revision 1 of AOT-C295-28-0001 to introduce repetitive inspections and operational checks of the affected motorised fuel valves. For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2016-0071, which is superseded, and introduces repetitive inspections and operational checks [and corrective action, if necessary] of the affected fuel valves. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016- 9386. Related Service Information Under 1 CFR Part 51 Airbus Defense and Space S.A. has issued Alert Operators Transmission (AOT) AOT-CN235-28-0001, Revision 1, dated September 27, 2016; and AOT AOT-C295-28-0001, Revision 1, dated September 27, 2016. The service information describes procedures for repetitive inspections, replacement of the motorized fuel valves, and performing operational checks and corrective actions on affected motorized fuel valves. These documents are distinct since they apply to different airplane models. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Comments We gave the public the opportunity to participate in developing this proposed AD. We received no comments on the NPRM or on the determination of the cost to the public. FAA's Determination and Requirements of This SNPRM This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of these same type designs. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Costs of Compliance We estimate that this SNPRM affects 14 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Inspection and operational check...... 3 work-hours x $85 per $0 $255 $3,570 hour = $255. Reporting............................. 1 work-hour x $85 per 0 85 1,190 hour = $85. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary replacements that would be required based on the results of the proposed inspection. We have no way of determining the number of aircraft that might need these actions: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replacement................................... 5 work-hours x $85 per hour = $38,448 $38,873 $425. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that would enable us to provide cost estimates for the on-condition corrective actions for the operational check specified in this proposed AD. Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this proposed AD is 2120-0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES-200. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on [[Page 28276]] products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): Airbus Defense and Space S.A. (Formerly known as Construcciones Aeronauticas, S.A.): Docket No. FAA-2016-9386; Directorate Identifier 2016-NM-056-AD. (a) Comments Due Date We must receive comments by August 7, 2017. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Defense and Space S.A. (formerly known as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-100, CN- 235-200, and CN-235-300 airplanes; and Model C-295 airplanes; certificated in any category, all manufacturer serial numbers. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Reason This AD was prompted by leakage of a motorized cross-feed fuel valve, which was detected during accomplishment of a functional check. We are issuing this AD to detect and correct leaks in a motorized cross-feed fuel valve, which could lead to failure of the fuel valve and consequent improper fuel system functioning or, in case of the presence of an ignition source, an airplane fire. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection of Motorized Fuel Valves Within the applicable compliance time defined in paragraph (g)(1) or (g)(2) of this AD: Do an initial general visual inspection of each motorized cross-feed fuel valve having part number (P/N) 7923227F for the presence of fuel on the electrical connectors and inside the receptacles, in accordance with the instructions of Airbus Defense and Space Alert Operators Transmission (AOT) AOT- CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT-C295- 28-0001, Revision 1, both dated September 27, 2016, as applicable. Repeat the inspection thereafter at intervals not to exceed 300 flight hours. (1) For airplanes that, as of the effective date of this AD, have accumulated 6,000 flight cycles or more since first flight of the airplane: Do the inspection within 30 flight cycles or 30 days after the effective date of this AD, whichever occurs first. (2) For airplanes that, as of the effective date of this AD, have accumulated less than 6,000 flight cycles since first flight of the airplane: Do the inspection within 300 flight hours or 30 days after the effective date of this AD, whichever occurs later. (h) Replacement of Affected Parts If, during the inspection required by paragraph (g) of this AD, any leaking of a motorized cross-feed fuel valve having P/N 7923227F is detected: Before the next flight, replace the affected fuel valve with a serviceable part, in accordance with the instructions of Airbus Defense and Space AOT AOT-CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated September 27, 2016, as applicable. A serviceable part is defined as a part that is not defective; it could be a used or new part. Replacement of a motorized fuel valve on an airplane does not constitute terminating action for the repetitive inspections required by paragraph (g) of this AD for that airplane. (i) Operational Check Within 12 months after the effective date of this AD, and thereafter at intervals not to exceed 12 months, accomplish an operational check of each motorized fuel valve P/N 7923227F, in accordance with the instructions of Airbus Defense and Space AOT AOT-CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT- C295-28-0001, Revision 1, both dated September 27, 2016, as applicable. (j) Corrective Action If, during any operational check, as required by paragraph (i) of this AD, any discrepancy is detected, as described in Airbus Defense and Space AOT AOT-CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated September 27, 2016, as applicable: Before further flight, contact the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the European Aviation Safety Agency (EASA); or Airbus Defense and Space S.A.'s EASA Design Organization Approval (DOA) to obtain instructions for corrective actions, and within the compliance time indicated in those instructions accomplish the corrective actions accordingly. (k) Parts Installation Limitation As of the effective date of this AD, replacement of a motorized fuel valve having P/N 7923227F with a serviceable part on an airplane is allowed, provided that, within 30 flight cycles or 30 days, whichever occurs first after installation, the part passes an inspection done in accordance with the instructions of Airbus Defense and Space AOT AOT-CN235-28-0001, Revision 1, or Airbus Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated September 27, 2016, as applicable. (l) Credit for Previous Actions This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using Airbus Defense and Space AOT AOT-CN235-28-0001, or Airbus Defense and Space AOT AOT-C295-28- 0001, both dated February 19, 2016, as applicable. (m) Reporting Requirement At the applicable time specified in paragraph (m)(1) or (m)(2) of this AD, report all inspection results to Airbus Defense and Space Technical Assistance Center (AMTAC); telephone +34 91 600 79 99; email [email protected]. The report must include the inspection results, a description of any discrepancies found, operator name, the airplane model and serial number, valve part number and serial number, and the number of landings and flight hours on the airplane. (1) If the inspection was done on or after the effective date of this AD: Submit the report within 60 days after the inspection. (2) If the inspection was done before the effective date of this AD: Submit the report within 60 days after the effective date of this AD. (n) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested [[Page 28277]] using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to send it to the attention of the person identified in paragraph (o)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or Airbus Defense and Space S.A.'s EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200. (o) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017-0004, dated January 9, 2017, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9386. (2) For more information about this AD, contact Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1112; fax 425-227-1149. (3) For service information identified in this AD, contact Airbus Defense and Space Services/Engineering Support, Avenida de Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 31 27; email [email protected].; Internet http://www.eads.net You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Issued in Renton, Washington, on June 12, 2017. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-12630 Filed 6-20-17; 8:45 am] BILLING CODE 4910-13-P
![28274 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
Transport Airplane Directorate, FAA, 1601 ADDRESSES: You may send comments, 2016–NM–056–AD’’ at the beginning of
Lind Avenue SW., Renton, WA 98057–3356; using the procedures found in 14 CFR your comments. We specifically invite
telephone: 425–227–1112; fax: 425–227– 11.43 and 11.45, by any of the following comments on the overall regulatory,
1149. methods: economic, environmental, and energy
(3) For service information identified in
this AD, contact Saab AB, Saab Aeronautics,
• Federal eRulemaking Portal: Go to aspects of this proposed AD. We will
SE–581 88, Linköping, Sweden; telephone http://www.regulations.gov. Follow the consider all comments received by the
+46 13 18 5591; fax +46 13 18 4874; email instructions for submitting comments. closing date and may amend this
saab340techsupport@saabgroup.com; • Fax: 202–493–2251. proposed AD based on those comments.
Internet http://www.saabgroup.com. You • Mail: U.S. Department of We will post all comments we
may view this service information at the Transportation, Docket Operations, M– receive, without change, to http://
FAA, Transport Airplane Directorate, 1601 30, West Building Ground Floor, Room www.regulations.gov, including any
Lind Avenue SW., Renton, WA. For W12–140, 1200 New Jersey Avenue SE., personal information you provide. We
information on the availability of this Washington, DC 20590. will also post a report summarizing each
material at the FAA, call 425–227–1221.
• Hand Delivery: U.S. Department of substantive verbal contact we receive
Issued in Renton, Washington, on June 12, Transportation, Docket Operations, M– about this proposed AD.
2017. 30, West Building Ground Floor, Room
Dionne Palermo, Discussion
W12–140, 1200 New Jersey Avenue SE.,
Acting Manager, Transport Airplane Washington, DC, between 9 a.m. and 5 We issued an NPRM to amend 14 CFR
Directorate, Aircraft Certification Service. p.m., Monday through Friday, except part 39 by adding an AD that would
[FR Doc. 2017–12794 Filed 6–20–17; 8:45 am] Federal holidays. apply to all Airbus Defense and Space
BILLING CODE 4910–13–P For service information identified in S.A. Model CN–235, CN 235–100, CN–
this SNPRM, contact Airbus Defense 235–200, and CN–235–300 airplanes,
and Space Services/Engineering and Model C–295 airplanes. The NPRM
DEPARTMENT OF TRANSPORTATION Support, Avenida de Aragón 404, 28022 published in the Federal Register on
Madrid, Spain; telephone +34 91 585 55 November 25, 2016 (81 FR 85169). The
Federal Aviation Administration 84; fax +34 91 585 31 27; email NPRM was prompted by leakage of a
MTA.TechnicalService@airbus.com.; motorized cross-feed fuel valve. The
14 CFR Part 39 Internet http://www.eads.net. You may NPRM proposed to require an
view this referenced service information inspection of the affected fuel valves
[Docket No. FAA–2016–9386; Directorate
Identifier 2016–NM–056–AD] at the FAA, Transport Airplane and, depending on findings, applicable
Directorate, 1601 Lind Avenue SW., corrective actions.
RIN 2120–AA64 Renton, WA. For information on the Actions Since the NPRM Was Issued
availability of this material at the FAA,
Airworthiness Directives; Airbus Since we issued the NPRM, an
call 425–227–1221.
Defense and Space S.A. (Formerly additional report of a fuel leak in a
Known as Construcciones Examining the AD Docket motorized cross-feed valve has resulted
Aeronauticas, S.A.) Airplanes You may examine the AD docket on in the need for a change to the
the Internet at http:// compliance time for the initial
AGENCY: Federal Aviation
www.regulations.gov by searching for inspection, the addition of repetitive
Administration (FAA), DOT.
and locating Docket No. FAA–2016– inspections and operational checks, and
ACTION: Supplemental notice of corrective action if necessary.
proposed rulemaking (SNPRM); 9386; or in person at the Docket
Management Facility between 9 a.m. The European Aviation Safety Agency
reopening of comment period. (EASA), which is the Technical Agent
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket for the Member States of the European
SUMMARY: We are revising an earlier
contains this proposed AD, the Union, has issued AD 2017–0004, dated
proposal for all Airbus Defense and
regulatory evaluation, any comments January 9, 2017, (referred to after this as
Space S.A. Model CN–235, CN–235–
received, and other information. The the Mandatory Continuing
100, CN–235–200, and CN–235–300
street address for the Docket Office Airworthiness Information, or ‘‘the
airplanes; and Model C–295 airplanes.
(telephone: 800–647–5527) is in the MCAI’’), to correct an unsafe condition
This action revises the notice of
ADDRESSES section. Comments will be
on all Airbus Defense and Space S.A.
proposed rulemaking (NPRM) by
available in the AD docket shortly after Model CN–235, CN–235–100, CN–235–
reducing a certain compliance time,
receipt. 200, and CN–235–300 airplanes; and
adding repetitive inspections and
Model C–295 airplanes. The MCAI
operational checks of the affected fuel FOR FURTHER INFORMATION CONTACT: states:
valves, and providing corrective action Shahram Daneshmandi, Aerospace
if necessary. We are proposing this Engineer, International Branch, ANM– Leakage of a motorised cross-feed fuel
airworthiness directive (AD) to address valve Part Number (P/N) 7923227F was
116, Transport Airplane Directorate, reported on a CN–235–100M aeroplane. The
the unsafe condition on these products. FAA, 1601 Lind Avenue SW., Renton, leakage was observed through the valve
Since these actions impose an WA 98057–3356; telephone 425–227– electrical connectors and detected during
additional burden over those proposed 1112; fax 425–227–1149. accomplishment of a functional check in
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
in the NPRM we are reopening the SUPPLEMENTARY INFORMATION: accordance with task 28.007 of the CN–235
comment period to allow the public the Maintenance Review Board Report (MRB
chance to comment on these changes. Comments Invited CN–235–PV01). Identical motorised fuel
valves are installed on civilian CN–235 and
DATES: The comment period for the We invite you to send any written
C–295 aeroplanes, as cross-feed, shut-off and
NPRM published in the Federal relevant data, views, or arguments about defueling valves.
Register on November 25, 2016 (81 FR this proposed AD. Send your comments This condition, if not detected and
85169), is reopened. to an address listed under the corrected, could lead to failure of a motorised
We must receive comments on this ADDRESSES section. Include ‘‘Docket No. fuel valve and consequent improper
SNPRM by August 7, 2017. FAA–2016–9386; Directorate Identifier functioning of the fuel system or, in case of
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![Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules 28275
an ignition source, could lead to a fire, Related Service Information Under 1 FAA’s Determination and Requirements
possibly resulting in damage to the aeroplane CFR Part 51 of This SNPRM
and injury to occupants.
To address this potentially unsafe Airbus Defense and Space S.A. has This product has been approved by
condition, Airbus Defence & Space (D&S) issued Alert Operators Transmission the aviation authority of another
issued Alert Operators Transmission (AOT)– country, and is approved for operation
CN235–28–0001 and AOT–C295–28–0001 to
(AOT) AOT–CN235–28–0001, Revision
1, dated September 27, 2016; and AOT in the United States. Pursuant to our
provide inspection instructions.
Consequently, EASA issued AD 2016–0071 AOT–C295–28–0001, Revision 1, dated bilateral agreement with the State of
to require a one-time inspection of the September 27, 2016. The service Design Authority, we have been notified
affected motorised fuel valves and, information describes procedures for of the unsafe condition described in the
depending on findings, accomplishment of repetitive inspections, replacement of MCAI and service information
applicable corrective action(s). the motorized fuel valves, and referenced above. We are proposing this
Since that [EASA] AD was issued, new AD because we evaluated all pertinent
occurrences of fuel leakage involving the
performing operational checks and
corrective actions on affected motorized information and determined an unsafe
affected motorised fuel valves were reported
and Airbus D&S issued Revision 1 of AOT– fuel valves. These documents are condition exists and is likely to exist or
CN235–28–0001 and Revision 1 of AOT– distinct since they apply to different develop on other products of these same
C295–28–0001 to introduce repetitive airplane models. This service type designs.
inspections and operational checks of the information is reasonably available Certain changes described above
affected motorised fuel valves. because the interested parties have expand the scope of the NPRM. As a
For the reasons described above, this
[EASA] AD retains the requirements of EASA
access to it through their normal course result, we have determined that it is
AD 2016–0071, which is superseded, and of business or by the means identified necessary to reopen the comment period
introduces repetitive inspections and in the ADDRESSES section. to provide additional opportunity for
operational checks [and corrective action, if the public to comment on this SNPRM.
necessary] of the affected fuel valves. Comments
Costs of Compliance
You may examine the MCAI in the We gave the public the opportunity to
AD docket on the Internet at http:// participate in developing this proposed We estimate that this SNPRM affects
www.regulations.gov by searching for AD. We received no comments on the 14 airplanes of U.S. registry.
and locating Docket No. FAA–2016– NPRM or on the determination of the We estimate the following costs to
9386. cost to the public. comply with this proposed AD:
ESTIMATED COSTS
Cost per Cost on
Action Labor cost Parts cost product U.S. operators
Inspection and operational check ................... 3 work-hours × $85 per hour = $255 ............. $0 $255 $3,570
Reporting ......................................................... 1 work-hour × $85 per hour = $85 ................. 0 85 1,190
We estimate the following costs to do be required based on the results of the determining the number of aircraft that
any necessary replacements that would proposed inspection. We have no way of might need these actions:
ON-CONDITION COSTS
Cost per
Action Labor cost Parts cost product
Replacement ................................................................. 5 work-hours × $85 per hour = $425 ........................... $38,448 $38,873
We have received no definitive data with this AD has been detailed in the section 106, describes the authority of
that would enable us to provide cost Costs of Compliance section of this the FAA Administrator. ‘‘Subtitle VII:
estimates for the on-condition corrective document and includes time for Aviation Programs,’’ describes in more
actions for the operational check reviewing instructions, as well as detail the scope of the Agency’s
specified in this proposed AD. completing and reviewing the collection authority.
of information. Therefore, all reporting
Paperwork Reduction Act We are issuing this rulemaking under
associated with this AD is mandatory.
the authority described in ‘‘Subtitle VII,
A federal agency may not conduct or Comments concerning the accuracy of
this burden and suggestions for Part A, Subpart III, Section 44701:
sponsor, and a person is not required to
reducing the burden should be directed General requirements.’’ Under that
respond to, nor shall a person be subject
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
to the FAA at 800 Independence Ave. section, Congress charges the FAA with
to penalty for failure to comply with a
collection of information subject to the SW., Washington, DC 20591, ATTN: promoting safe flight of civil aircraft in
requirements of the Paperwork Information Collection Clearance air commerce by prescribing regulations
Reduction Act unless that collection of Officer, AES–200. for practices, methods, and procedures
information displays a current valid the Administrator finds necessary for
Authority for This Rulemaking safety in air commerce. This regulation
OMB control number. The control
number for the collection of information Title 49 of the United States Code is within the scope of that authority
required by this proposed AD is 2120– specifies the FAA’s authority to issue because it addresses an unsafe condition
0056. The paperwork cost associated rules on aviation safety. Subtitle I, that is likely to exist or develop on
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![28276 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules
products identified in this rulemaking (d) Subject AOT AOT–CN235–28–0001, Revision 1, or
action. Air Transport Association (ATA) of Airbus Defense and Space AOT AOT–C295–
America Code 28, Fuel. 28–0001, Revision 1, both dated September
Regulatory Findings 27, 2016, as applicable.
(e) Reason
We determined that this proposed AD (j) Corrective Action
would not have federalism implications This AD was prompted by leakage of a
motorized cross-feed fuel valve, which was If, during any operational check, as
under Executive Order 13132. This required by paragraph (i) of this AD, any
detected during accomplishment of a
proposed AD would not have a functional check. We are issuing this AD to discrepancy is detected, as described in
substantial direct effect on the States, on detect and correct leaks in a motorized cross- Airbus Defense and Space AOT AOT–
the relationship between the national feed fuel valve, which could lead to failure CN235–28–0001, Revision 1, or Airbus
Government and the States, or on the Defense and Space AOT AOT–C295–28–
of the fuel valve and consequent improper
distribution of power and 0001, Revision 1, both dated September 27,
fuel system functioning or, in case of the
2016, as applicable: Before further flight,
responsibilities among the various presence of an ignition source, an airplane
contact the Manager, International Branch,
levels of government. fire.
ANM–116, FAA, Transport Airplane
For the reasons discussed above, I (f) Compliance Directorate; or the European Aviation Safety
certify this proposed regulation: Agency (EASA); or Airbus Defense and Space
Comply with this AD within the
1. Is not a ‘‘significant regulatory compliance times specified, unless already S.A.’s EASA Design Organization Approval
action’’ under Executive Order 12866; done. (DOA) to obtain instructions for corrective
2. Is not a ‘‘significant rule’’ under the actions, and within the compliance time
DOT Regulatory Policies and Procedures (g) Inspection of Motorized Fuel Valves indicated in those instructions accomplish
(44 FR 11034, February 26, 1979); Within the applicable compliance time the corrective actions accordingly.
3. Will not affect intrastate aviation in defined in paragraph (g)(1) or (g)(2) of this (k) Parts Installation Limitation
Alaska; and AD: Do an initial general visual inspection of
As of the effective date of this AD,
4. Will not have a significant each motorized cross-feed fuel valve having
replacement of a motorized fuel valve having
part number (P/N) 7923227F for the presence
economic impact, positive or negative, P/N 7923227F with a serviceable part on an
of fuel on the electrical connectors and inside
on a substantial number of small entities airplane is allowed, provided that, within 30
the receptacles, in accordance with the
under the criteria of the Regulatory flight cycles or 30 days, whichever occurs
instructions of Airbus Defense and Space
Flexibility Act. first after installation, the part passes an
Alert Operators Transmission (AOT) AOT– inspection done in accordance with the
CN235–28–0001, Revision 1, or Airbus
List of Subjects in 14 CFR Part 39 instructions of Airbus Defense and Space
Defense and Space AOT AOT–C295–28– AOT AOT–CN235–28–0001, Revision 1, or
Air transportation, Aircraft, Aviation 0001, Revision 1, both dated September 27, Airbus Defense and Space AOT AOT–C295–
safety, Incorporation by reference, 2016, as applicable. Repeat the inspection 28–0001, Revision 1, both dated September
Safety. thereafter at intervals not to exceed 300 flight 27, 2016, as applicable.
hours.
The Proposed Amendment (1) For airplanes that, as of the effective (l) Credit for Previous Actions
Accordingly, under the authority date of this AD, have accumulated 6,000 This paragraph provides credit for actions
flight cycles or more since first flight of the required by paragraphs (g) and (h) of this AD,
delegated to me by the Administrator, airplane: Do the inspection within 30 flight
the FAA proposes to amend 14 CFR part if those actions were performed before the
cycles or 30 days after the effective date of effective date of this AD using Airbus
39 as follows: this AD, whichever occurs first. Defense and Space AOT AOT–CN235–28–
(2) For airplanes that, as of the effective 0001, or Airbus Defense and Space AOT
PART 39—AIRWORTHINESS date of this AD, have accumulated less than AOT–C295–28–0001, both dated February
DIRECTIVES 6,000 flight cycles since first flight of the 19, 2016, as applicable.
airplane: Do the inspection within 300 flight
■ 1. The authority citation for part 39 hours or 30 days after the effective date of (m) Reporting Requirement
continues to read as follows: this AD, whichever occurs later. At the applicable time specified in
Authority: 49 U.S.C. 106(g), 40113, 44701. paragraph (m)(1) or (m)(2) of this AD, report
(h) Replacement of Affected Parts
all inspection results to Airbus Defense and
§ 39.13 [Amended] If, during the inspection required by Space Technical Assistance Center
paragraph (g) of this AD, any leaking of a (AMTAC); telephone +34 91 600 79 99; email
■ 2. The FAA amends § 39.13 by adding motorized cross-feed fuel valve having P/N mta.technicalservice@airbus.com. The report
the following new airworthiness 7923227F is detected: Before the next flight, must include the inspection results, a
directive (AD): replace the affected fuel valve with a description of any discrepancies found,
Airbus Defense and Space S.A. (Formerly serviceable part, in accordance with the operator name, the airplane model and serial
known as Construcciones Aeronauticas, instructions of Airbus Defense and Space number, valve part number and serial
S.A.): Docket No. FAA–2016–9386; AOT AOT–CN235–28–0001, Revision 1, or number, and the number of landings and
Directorate Identifier 2016–NM–056–AD. Airbus Defense and Space AOT AOT–C295– flight hours on the airplane.
28–0001, Revision 1, both dated September (1) If the inspection was done on or after
(a) Comments Due Date 27, 2016, as applicable. A serviceable part is the effective date of this AD: Submit the
We must receive comments by August 7, defined as a part that is not defective; it report within 60 days after the inspection.
2017. could be a used or new part. Replacement of (2) If the inspection was done before the
a motorized fuel valve on an airplane does effective date of this AD: Submit the report
(b) Affected ADs
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
not constitute terminating action for the within 60 days after the effective date of this
None. repetitive inspections required by paragraph AD.
(g) of this AD for that airplane.
(c) Applicability (n) Other FAA AD Provisions
This AD applies to Airbus Defense and (i) Operational Check The following provisions also apply to this
Space S.A. (formerly known as Within 12 months after the effective date AD:
Construcciones Aeronauticas, S.A.) Model of this AD, and thereafter at intervals not to (1) Alternative Methods of Compliance
CN–235, CN–235–100, CN–235–200, and exceed 12 months, accomplish an operational (AMOCs): The Manager, International
CN–235–300 airplanes; and Model C–295 check of each motorized fuel valve P/N Branch, ANM–116, Transport Airplane
airplanes; certificated in any category, all 7923227F, in accordance with the Directorate, FAA, has the authority to
manufacturer serial numbers. instructions of Airbus Defense and Space approve AMOCs for this AD, if requested
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![Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Proposed Rules 28277
using the procedures found in 14 CFR 39.19. Issued in Renton, Washington, on June 12, Electronic Submissions
In accordance with 14 CFR 39.19, send your 2017.
request to your principal inspector or local Submit electronic comments in the
Dionne Palermo,
Flight Standards District Office, as following way:
Acting Manager, Transport Airplane • Federal eRulemaking Portal:
appropriate. If sending information directly Directorate, Aircraft Certification Service.
to the International Branch, send it to send https://www.regulations.gov. Follow the
[FR Doc. 2017–12630 Filed 6–20–17; 8:45 am]
it to the attention of the person identified in instructions for submitting comments.
paragraph (o)(2) of this AD. Information may BILLING CODE 4910–13–P Comments submitted electronically,
be emailed to: 9-ANM-116-AMOC- including attachments, to https://
REQUESTS@faa.gov. Before using any www.regulations.gov will be posted to
approved AMOC, notify your appropriate the docket unchanged. Because your
principal inspector, or lacking a principal DEPARTMENT OF HEALTH AND comment will be made public, you are
inspector, the manager of the local flight HUMAN SERVICES
standards district office/certificate holding
solely responsible for ensuring that your
district office. Food and Drug Administration comment does not include any
(2) Contacting the Manufacturer: For any confidential information that you or a
requirement in this AD to obtain corrective 21 CFR Parts 11, 312, and 812 third party may not wish to be posted,
actions from a manufacturer, the action must such as medical information, your or
be accomplished using a method approved anyone else’s Social Security number, or
by the Manager, International Branch, ANM– [Docket No. FDA–2017–D–1105] confidential business information, such
116, Transport Airplane Directorate, FAA; or as a manufacturing process. Please note
EASA; or Airbus Defense and Space S.A.’s Use of Electronic Records and
that if you include your name, contact
EASA DOA. If approved by the DOA, the Electronic Signatures in Clinical
information, or other information that
approval must include the DOA-authorized Investigations Under Part 11—
identifies you in the body of your
signature. Questions and Answers; Draft
(3) Reporting Requirements: A federal comments, that information will be
Guidance for Industry; Availability
agency may not conduct or sponsor, and a posted on https://www.regulations.gov.
person is not required to respond to, nor AGENCY: Food and Drug Administration, • If you want to submit a comment
shall a person be subject to a penalty for HHS. with confidential information that you
failure to comply with a collection of do not wish to be made available to the
information subject to the requirements of ACTION: Proposed rule; notification of public, submit the comment as a
the Paperwork Reduction Act unless that availability. written/paper submission and in the
collection of information displays a current manner detailed (see ‘‘Written/Paper
valid OMB Control Number. The OMB SUMMARY: The Food and Drug Submissions’’ and ‘‘Instructions’’).
Control Number for this information Administration (FDA or Agency) is
collection is 2120–0056. Public reporting for announcing the availability of a draft Written/Paper Submissions
this collection of information is estimated to guidance for industry entitled ‘‘Use of
be approximately 5 minutes per response, Submit written/paper submissions as
Electronic Records and Electronic follows:
including the time for reviewing instructions,
completing and reviewing the collection of
Signatures in Clinical Investigations • Mail/Hand delivery/Courier (for
information. All responses to this collection under our regulations—Questions and written/paper submissions): Dockets
of information are mandatory. Comments Answers.’’ The draft guidance provides Management Staff (HFA–305), Food and
concerning the accuracy of this burden and guidance to sponsors, clinical Drug Administration, 5630 Fishers
suggestions for reducing the burden should investigators, institutional review Lane, Rm. 1061, Rockville, MD 20852.
be directed to the FAA at: 800 Independence boards (IRBs), contract research • For written/paper comments
Ave. SW., Washington, DC 20591, Attn: organizations (CROs), and other submitted to the Dockets Management
Information Collection Clearance Officer, interested parties on the use of Staff, FDA will post your comment, as
AES–200. electronic records and electronic well as any attachments, except for
(o) Related Information signatures under our regulations in information submitted, marked and
(1) Refer to Mandatory Continuing clinical investigations of medical identified, as confidential, if submitted
Airworthiness Information (MCAI) EASA AD products. The draft guidance expands as detailed in ‘‘Instructions.’’
2017–0004, dated January 9, 2017, for related upon recommendations in the guidance Instructions: All submissions received
information. This MCAI may be found in the for industry entitled ‘‘Part 11, Electronic must include the Docket No. FDA–
AD docket on the Internet at http:// Records; Electronic Signatures—Scope 2017–D–1105 for ‘‘Use of Electronic
www.regulations.gov by searching for and and Application’’ issued in August 2003 Records and Electronic Signatures in
locating Docket No. FAA–2016–9386. (referred to as the 2003 part 11 Clinical Investigations Under 21 CFR
(2) For more information about this AD, guidance) for recommendations that
contact Shahram Daneshmandi, Aerospace
Part 11—Questions and Answers; Draft
pertain to FDA-regulated clinical Guidance for Industry; Availability.’’
Engineer, International Branch, ANM–116,
investigations conducted under our Received comments will be placed in
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, WA 98057–3356; regulations. the docket and, except for those
telephone 425–227–1112; fax 425–227–1149. DATES: Although you can comment on submitted as ‘‘Confidential
(3) For service information identified in
any guidance at any time (see 21 CFR Submissions,’’ publicly viewable at
this AD, contact Airbus Defense and Space https://www.regulations.gov or at the
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Services/Engineering Support, Avenida de 10.115(g)(5)), to ensure that the Agency
considers your comment on this draft Dockets Management Staff between 9
Aragón 404, 28022 Madrid, Spain; telephone a.m. and 4 p.m., Monday through
+34 91 585 55 84; fax +34 91 585 31 27; email guidance before it begins work on the
final version of the guidance, submit Friday.
MTA.TechnicalService@airbus.com.; Internet
http://www.eads.net You may view this either electronic or written comments • Confidential Submissions—To
service information at the FAA, Transport on the draft guidance by August 21, submit a comment with confidential
Airplane Directorate, 1601 Lind Avenue SW., 2017. information that you do not wish to be
Renton, WA. For information on the made publicly available, submit your
availability of this material at the FAA, call ADDRESSES: You may submit comments comments only as a written/paper
425–227–1221. as follows: submission. You should submit two
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Document Created: 2018-11-14 10:08:36
Document Modified: 2018-11-14 10:08:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. | |
| Dates | The comment period for the NPRM published in the Federal Register on November 25, 2016 (81 FR 85169), is reopened. | |
| Contact | Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1112; fax 425-227-1149. | |
| FR Citation | 82 FR 28274 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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